On This page
    Female nursing home patient with a walker being assisted to stand by a staff member who is out of frame.

    You placed your trust, and potentially a significant amount of money, into a nursing home, believing your loved one would receive the compassionate care they need to live in safety and dignity. Discovering that this trust was broken, and abuse or neglect occurred instead, is sickening. It leaves you angry, confused, and wondering where to turn.

    Know this: South Carolina law provides protections for nursing home residents. When facilities fail in their duties, they can be held accountable. If you suspect a loved one is a victim of mistreatment in a Greenville assisted living or rehabilitation facility, you don’t have to face this alone.

    Call Joye Law Firm right now at (888) 324-3100 for a free consultation to discuss your situation.

    Why Entrust Your Fight to Joye Law Firm?

    Since 1968, Joye Law Firm has been fighting for the rights of injured people across South Carolina. In those decades, we’ve built a reputation of standing up to insurance companies and powerful institutions on behalf of individuals and families just like yours.

    Our team possesses significant experience in personal injury law, including the specific complexities of nursing home abuse and neglect cases. We have a track record of substantial settlements and verdicts, demonstrating our ability to effectively challenge facilities and their insurers who prioritize profits over people. Our attorneys have received recognition from peers and respected organizations like Super Lawyers® and Best Lawyers in America®, reflecting our dedication to legal skill and ethical practice. We approach each case with the compassion it deserves and the tenacity it requires.

    We are part of the Greenville community, have an office conveniently located on Williams Street, and are dedicated to serving our neighbors. We understand the local landscape and are prepared to fight for your family’s rights here in the Upstate.

    Calculating the True Cost of Nursing Home Neglect

    Putting a dollar figure on the suffering caused by nursing home abuse feels almost offensive. How do you quantify the loss of dignity, fear, or the pain inflicted on someone you love? While no amount of money can erase the harm, the legal system uses compensation, known as damages, to hold responsible parties accountable and provide resources for the victim’s recovery and future needs.

    Our attorneys meticulously evaluate every aspect of your case to determine the full extent of damages your family may be entitled to recover. This typically involves several categories:

    • Economic Damages: This is the more straightforward part, covering the tangible financial losses resulting from the abuse or neglect. Think of it as adding up the receipts. This includes:
      • Medical bills (past and future) for treating injuries caused by the abuse (e.g., hospital stays, doctor visits, physical therapy, medication).
      • Costs associated with moving your loved one to a safer facility.
      • Reimbursement for therapy or counseling needed to address the emotional trauma.
      • Costs of repairing or replacing damaged property or recovering stolen funds (in cases of financial exploitation).
      • In the tragic event of a wrongful death, funeral and burial expenses, and the economic value of the relationship lost.
    • Non-Economic Damages: This category addresses the intangible, yet profound, impact of the abuse. These damages are harder to calculate but are just as real. They compensate for:
      • Physical pain and suffering endured by the resident.
      • Emotional distress, anxiety, fear, depression, and humiliation.
      • Loss of enjoyment of life – the inability to participate in activities they once loved.
      • Loss of consortium (for a spouse, potentially), meaning the loss of companionship, affection, and services.
      • Disfigurement or permanent scarring.
    • Punitive Damages: Sometimes, a nursing home’s conduct goes beyond simple carelessness; it’s reckless, willful, or demonstrates a conscious disregard for the resident’s safety and rights. In such egregious cases, South Carolina law allows for punitive damages. These special damages are meant to punish the wrongdoer and deter similar behavior by that facility and others in the future. Obtaining punitive damages requires meeting a higher legal standard, proving the defendant’s actions were particularly reprehensible.

    Nursing Home Abuse Explained

    The trust placed in nursing homes comes with a legal and ethical obligation to provide a certain standard of care. When they fail, it can manifest in various devastating ways.

    Types of Nursing Home Abuse and Neglect:

    Physical Abuse:
    The intentional use of physical force causing pain, injury, or impairment. This includes hitting, slapping, pushing, shaking, improper use of physical restraints, or forcibly handling residents.
    Emotional or Psychological Abuse:
    Inflicting mental pain, anguish, or distress through verbal or non-verbal acts. Examples are yelling, insulting, threatening, intimidating, humiliating, isolating a resident from others, or ignoring them (the "silent treatment").
    Sexual Abuse:
    Any non-consensual sexual contact, including unwanted touching, sexual assault, or forcing a resident to view pornography or perform sexual acts. Residents with cognitive impairments like dementia are particularly vulnerable to this type of abuse.
    Financial Exploitation:
    The illegal or improper use of a resident's funds, property, or assets. This could involve stealing cash or possessions, forging checks, coercing a resident to change their will, or deceptive billing practices.
    Neglect:
    The failure of caregivers to provide the goods or services necessary to avoid physical harm, mental anguish, or illness. This is often passive but incredibly damaging. It includes failing to provide adequate food, water, hygiene, clothing, shelter, medical care, or assistance with daily activities.
    Abandonment:
    The desertion of an elderly person by an individual who has assumed responsibility for providing care.

    Common Injuries Resulting from Abuse and Neglect:

    The consequences of this mistreatment are often severe and can include:emotional abuse

    • Bedsores (Pressure Ulcers): Caused by prolonged pressure on the skin, often indicating neglect and failure to reposition the resident.
    • Malnutrition and Dehydration: Signs that the resident isn’t receiving adequate food or fluids.
    • Frequent Falls and Fractures: Can result from lack of supervision, unsafe environments, or physical abuse.
    • Unexplained Bruises, Welts, or Scars: Potential indicators of physical abuse or rough handling.
    • Infections: Often develop due to poor hygiene, untreated wounds (like bedsores), or inadequate medical care.
    • Sudden Behavioral Changes: Increased agitation, withdrawal, depression, or fear can signal emotional or physical abuse.
    • Sexually Transmitted Infections or Genital Injuries: Clear signs of potential sexual abuse.
    • Sudden Financial Problems: May indicate financial exploitation.
    • Wrongful Death: Tragically, severe neglect or abuse can lead to a resident’s premature death.

    Relevant South Carolina Laws:

    South Carolina law provides specific protections for nursing home residents:

    • Bill of Rights for Residents of Long-Term Care Facilities (C. Code Ann. § 44-81-10 et seq.): This statute outlines fundamental rights, including the right to be free from abuse, neglect, and exploitation; the right to adequate medical care; the right to privacy; and the right to voice grievances without fear of retaliation. Violations of these rights can form the basis of a legal claim.
    • General Negligence Laws: Nursing homes owe a duty of care to their residents. If they breach this duty (e.g., through inadequate staffing, poor training, failure to follow care plans) and that breach causes injury, they can be held liable under standard negligence principles.
    • Wrongful Death Statute (C. Code Ann. § 15-51-10 et seq.): If abuse or neglect leads to a resident’s death, eligible family members can file a wrongful death lawsuit to seek damages.
    • Statute of Limitations (C. Code Ann. § 15-3-530): Generally, in South Carolina, you have three years from the date of the injury or discovery of the injury (or death) to file a lawsuit for personal injury or wrongful death based on negligence or abuse. Missing this deadline means losing your right to sue.

    Going Toe-to-Toe with the Facility and Its Insurers

    You might think that once abuse is discovered, the nursing home will immediately apologize and make things right. That rarely happens. Nursing homes are businesses, often owned by large corporations, and they have insurance companies whose primary goal is to minimize payouts. Expect resistance.

    They employ various tactics to deny responsibility or reduce their financial exposure:

    • Denial and Blame-Shifting: They might flat-out deny any wrongdoing, claim the injuries were due to the resident’s underlying health conditions, or even try to blame the resident or your family.
    • Delay Tactics: They may drag their feet responding to inquiries, refuse to provide records promptly, or file endless motions in court, hoping you’ll get frustrated and give up or accept a low settlement.
    • Lowball Settlement Offers: The insurer might offer a quick, but insultingly low, settlement early on, preying on your desire for closure and financial stress. These initial offers almost never reflect the true value of the claim.
    • Intimidation: They might use aggressive lawyers or imply that pursuing a case will be too costly or stressful for you.
    • Hiding Behind Complexity: They may point to confusing regulations or internal procedures to obscure negligence or make it harder to prove fault.

    This is why you need experienced legal help.  At Joye Law Firm, we level the playing field. Nursing home abuse and neglect cases are complex, but you don’t have to face them alone. When you work with us, you get the power of two firms on your side. We team up with another respected law firm that concentrates solely on nursing home and medical negligence cases—so you benefit from double the experience and resources at no additional cost. Here’s how we build a strong case on your behalf:

    • Conducting Thorough Investigations: We gather all relevant evidence, including medical records, staffing logs, facility policies, witness statements, and state inspection reports.
    • Initial Medical Review: Every potential client speaks with our legal nurse consultants, who evaluates whether the standard of care was breached and if that negligence caused harm.
    • Engaging Necessary Reviewers: We consult with non-biased medical professionals and long-term care specialists to analyze the care provided (or not provided) and establish breaches in the standard of care.
    • Aggressive Discovery: We use legal tools like depositions and requests for documents to uncover internal information the facility might prefer to keep hidden.
    • Rejecting Unfair Offers: We know what cases are worth and won’t let insurers pressure you into accepting less than fair compensation.
    • Trial Readiness: While most cases settle out of court, we prepare every case as if it will go to trial. This readiness strengthens our negotiating position and shows the opposition we mean business.

    You don’t have to face their legal teams and adjusters alone. We handle the fight, so you can focus on your family.

    Protecting Your Loved One’s Case After Discovering Abuse

    Here’s what you can still do to bolster the case:

    • Adhere to All Treatment Plans: Ensure your loved one strictly follows all discharge instructions, attends follow-up appointments, takes prescribed medications, and participates in recommended therapies (physical, occupational, psychological). This demonstrates the severity of the injuries and the commitment to recovery.
    • Keep Meticulous Records: Save everything. This includes all medical bills, receipts for medications or medical equipment, transportation costs to appointments, and any other expenses incurred due to the abuse or neglect. Organize them by date.
    • Maintain a Detailed Journal: Document everything related to the suspected abuse and its aftermath. Note dates, times, specific observations about your loved one’s condition, conversations with facility staff (who you spoke to, when, what was said), visits, and any changes you notice. Be factual and objective.
    • Request Copies of Records: Formally request copies of your loved one’s complete medical chart from the nursing home and any treating hospitals or doctors. If law enforcement was involved, obtain a copy of the police or incident report.
    • Avoid Recorded Statements: Do not give a recorded statement to the nursing home administration or their insurance adjuster without speaking to an attorney first. They may try to use your words against you later. Politely decline and state you will have your attorney contact them.
    • Limit Social Media: Refrain from posting details about the situation, your loved one’s condition, or any potential legal action on social media platforms. Insurance companies monitor these sites looking for anything they can misconstrue or use to undermine your claim.

    Reclaiming Dignity and Seeking Justice

    While the past cannot be undone, pursuing legal action provides the resources needed for healing and future care, and importantly, it sends a message that substandard care and mistreatment will not be tolerated in our community. Don’t let a negligent facility escape responsibility for the harm inflicted.

    Let Joye Law Firm stand with you. Call us today at (888) 324-3100 or contact us online to schedule your free, confidential case evaluation with an experienced Greenville nursing home abuse lawyer.

    Contact Us
    Attorney Image